CS Professional · Intellectual Property Rights - Law and Practice · Trademarks
In a prosecution relating to a registered mark, the court adjourned the case for three months to let the accused, Rohan Foods, seek rectification. Rohan files the rectification application before the High Court within the three months and proves this to the court. What is the effect on the prosecution?
Further proceedings in the prosecution stand stayed until the rectification application is disposed of. Once the accused proves to the court that he applied to the High Court within the time limited, or any further time allowed for sufficient cause, the stay operates automatically.
- AFurther proceedings in the prosecution stand stayed till disposal of the rectification applicationCorrect
- BThe prosecution continues but the verdict is deferred
- CThe prosecution stands permanently dropped
- DThe complaint must be re-filed after the High Court decides
Explanation
Section 113(1)(b) provides that if the accused proves he made the application within the time limited or any further time allowed for sufficient cause, further proceedings in the prosecution stand stayed till the application is disposed of. Nothing says the case is dropped or must be re-filed.
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